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Won an auction, Now the seller wants to back out

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take_em

Junior Member
AR. I won an ebay auction for a dodge truck. The truck is in Texas and I am in Arkansas. My winning bid was 10,000. Shortly after the auction closed the seller, which is a dodge dealership, contacted me through ebay wishing to cancel the transaction. The reason they stated was that 10,000 was not the price of the truck and they needed to get 16,500 for it. I called the dealership and the salesman informed me that a third party company was hired to list the vehicle on ebay for them. I was told that the salesman gave a "buy it now" price of 17,500 to the third party. He stated that he did not know how the truck went from a buy it now style auction to an actual no reserve auction with a starting bid of 10,000 .
The bottom line is
1. I need the truck for work.
2. An ebay auction supposedly forms a legally binding contract
3. I would think that if it was the third party listing company that made the error then they should reimburse the dealership for the remainder of the balance over 10,000.
I have a conference call with the dealership and the listing company on monday morning. Please give me your input.
 


justalayman

Senior Member
2. An ebay auction supposedly forms a legally binding contract
.
actually, if you read the terms of service, eBay specifically states that vehicle auctions are not binding.

If you believe you have a valid contract (better read up on the laws of contracts) you might be able to sue the guy for specific performance. Once you pay the attorney's bill, you might come out even with what they actually want for the truck.

Of course, there is never any guarantee of winning a suit.
 

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